(A) "Vehicle" means every device, including a motorized | 18 |
bicycle, in, upon, or by which any person or property may be | 19 |
transported or drawn upon a highway, except that "vehicle" does | 20 |
not include any motorized wheelchair, any electric personal | 21 |
assistive mobility device, any device that is moved by power | 22 |
collected from overhead electric trolley wires or that is used | 23 |
exclusively upon stationary rails or tracks, or any device, other | 24 |
than a bicycle, that is moved by human power. | 25 |
(B) "Motor vehicle" means every vehicle propelled or drawn by | 26 |
power other than muscular power or power collected from overhead | 27 |
electric trolley wires, except motorized bicycles, road rollers, | 28 |
traction engines, power shovels, power cranes, and other equipment | 29 |
used in construction work and not designed for or employed in | 30 |
general highway transportation, hole-digging machinery, | 31 |
well-drilling machinery, ditch-digging machinery, farm machinery, | 32 |
and trailers designed and used exclusively to transport a boat | 33 |
between a place of storage and a marina, or in and around a | 34 |
marina, when drawn or towed on a street or highway for a distance | 35 |
of no more than ten miles and at a speed of twenty-five miles per | 36 |
hour or less. | 37 |
(C) "Motorcycle" means every motor vehicle, other than a | 38 |
tractor, having a seat or saddle for the use of the operator and | 39 |
designed to travel on not more than three wheels in contact with | 40 |
the ground, including, but not limited to, motor vehicles known as | 41 |
"motor-driven cycle," "motor scooter," or "motorcycle" without | 42 |
regard to weight or brake horsepower. | 43 |
(3) Any motor vehicle when properly identified as required by | 57 |
the director of public safety, when used in response to fire | 58 |
emergency calls or to provide emergency medical service to ill or | 59 |
injured persons, and when operated by a duly qualified person who | 60 |
is a member of a volunteer rescue service or a volunteer fire | 61 |
department, and who is on duty pursuant to the rules or directives | 62 |
of that service. The state fire marshal shall be designated by the | 63 |
director of public safety as the certifying agency for all public | 64 |
safety vehicles described in division (E)(3) of this section. | 65 |
(F) "School bus" means every bus designed for carrying more | 78 |
than nine passengers that is owned by a public, private, or | 79 |
governmental agency or institution of learning and operated for | 80 |
the transportation of children to or from a school session or a | 81 |
school function, or owned by a private person and operated for | 82 |
compensation for the transportation of children to or from a | 83 |
school session or a school function, provided "school bus" does | 84 |
not include a bus operated by a municipally owned transportation | 85 |
system, a mass transit company operating exclusively within the | 86 |
territorial limits of a municipal corporation, or within such | 87 |
limits and the territorial limits of municipal corporations | 88 |
immediately contiguous to such municipal corporation, nor a common | 89 |
passenger carrier certified by the public utilities commission | 90 |
unless such bus is devoted exclusively to the transportation of | 91 |
children to and from a school session or a school function, and | 92 |
"school bus" does not include a van or bus used by a licensed | 93 |
child day-care center or type A family day-care home to transport | 94 |
children from the child day-care center or type A family day-care | 95 |
home to a school if the van or bus does not have more than fifteen | 96 |
children in the van or bus at any time. | 97 |
(G) "Bicycle" means every device, other than a tricycle | 98 |
designed solely for use as a play vehicle by a child, propelled | 99 |
solely by human power upon which any person may ride having two | 100 |
tandem wheels, or one wheel in the front and two wheels in the | 101 |
rear, or two wheels in the front and one wheel in the rear, any of | 102 |
which is more than fourteen inches in diameter. | 103 |
(L) "Bus" means every motor vehicle designed for carrying | 123 |
more than nine passengers and used for the transportation of | 124 |
persons other than in a ridesharing arrangement, and every motor | 125 |
vehicle, automobile for hire, or funeral car, other than a taxicab | 126 |
or motor vehicle used in a ridesharing arrangement, designed and | 127 |
used for the transportation of persons for compensation. | 128 |
(M) "Trailer" means every vehicle designed or used for | 129 |
carrying persons or property wholly on its own structure and for | 130 |
being drawn by a motor vehicle, including any such vehicle when | 131 |
formed by or operated as a combination of a "semitrailer" and a | 132 |
vehicle of the dolly type, such as that commonly known as a | 133 |
"trailer dolly," a vehicle used to transport agricultural produce | 134 |
or agricultural production materials between a local place of | 135 |
storage or supply and the farm when drawn or towed on a street or | 136 |
highway at a speed greater than twenty-five miles per hour, and a | 137 |
vehicle designed and used exclusively to transport a boat between | 138 |
a place of storage and a marina, or in and around a marina, when | 139 |
drawn or towed on a street or highway for a distance of more than | 140 |
ten miles or at a speed of more than twenty-five miles per hour. | 141 |
(O) "Pole trailer" means every trailer or semitrailer | 146 |
attached to the towing vehicle by means of a reach, pole, or by | 147 |
being boomed or otherwise secured to the towing vehicle, and | 148 |
ordinarily used for transporting long or irregular shaped loads | 149 |
such as poles, pipes, or structural members capable, generally, of | 150 |
sustaining themselves as beams between the supporting connections. | 151 |
(T) "Explosives" means any chemical compound or mechanical | 163 |
mixture that is intended for the purpose of producing an explosion | 164 |
that contains any oxidizing and combustible units or other | 165 |
ingredients in such proportions, quantities, or packing that an | 166 |
ignition by fire, by friction, by concussion, by percussion, or by | 167 |
a detonator of any part of the compound or mixture may cause such | 168 |
a sudden generation of highly heated gases that the resultant | 169 |
gaseous pressures are capable of producing destructive effects on | 170 |
contiguous objects, or of destroying life or limb. Manufactured | 171 |
articles shall not be held to be explosives when the individual | 172 |
units contain explosives in such limited quantities, of such | 173 |
nature, or in such packing, that it is impossible to procure a | 174 |
simultaneous or a destructive explosion of such units, to the | 175 |
injury of life, limb, or property by fire, by friction, by | 176 |
concussion, by percussion, or by a detonator, such as fixed | 177 |
ammunition for small arms, firecrackers, or safety fuse matches. | 178 |
(II) "State highway" means a highway under the jurisdiction | 222 |
of the department of transportation, outside the limits of | 223 |
municipal corporations, provided that the authority conferred upon | 224 |
the director of transportation in section 5511.01 of the Revised | 225 |
Code to erect state highway route markers and signs directing | 226 |
traffic shall not be modified by sections 4511.01 to 4511.79 and | 227 |
4511.99 of the Revised Code. | 228 |
(1) The area embraced within the prolongation or connection | 232 |
of the lateral curb lines, or, if none, the lateral boundary lines | 233 |
of the roadways of two highways that join one another at, or | 234 |
approximately at, right angles, or the area within which vehicles | 235 |
traveling upon different highways that join at any other angle | 236 |
might come into conflict. The junction of an alley or driveway | 237 |
with a roadway or highway does not constitute an intersection | 238 |
unless the roadway or highway at the junction is controlled by a | 239 |
traffic control device. | 240 |
(NN) "Business district" means the territory fronting upon a | 276 |
street or highway, including the street or highway, between | 277 |
successive intersections within municipal corporations where fifty | 278 |
per cent or more of the frontage between such successive | 279 |
intersections is occupied by buildings in use for business, or | 280 |
within or outside municipal corporations where fifty per cent or | 281 |
more of the frontage for a distance of three hundred feet or more | 282 |
is occupied by buildings in use for business, and the character of | 283 |
such territory is indicated by official traffic control devices. | 284 |
(QQ) "Traffic control device" means a flagger, sign, signal, | 296 |
marking, or other device used to regulate, warn, or guide traffic, | 297 |
placed on, over, or adjacent to a street, highway, private road | 298 |
open to public travel, pedestrian facility, or shared-use path by | 299 |
authority of a public agency or official having jurisdiction, or, | 300 |
in the case of a private road open to public travel, by authority | 301 |
of the private owner or private official having jurisdiction. | 302 |
(2) A general term denoting land, property, or the interest | 322 |
therein, usually in the configuration of a strip, acquired for or | 323 |
devoted to transportation purposes. When used in this context, | 324 |
right-of-way includes the roadway, shoulders or berm, ditch, and | 325 |
slopes extending to the right-of-way limits under the control of | 326 |
the state or local authority. | 327 |
(1) A violation of section 4511.03, 4511.051, 4511.12, | 375 |
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 376 |
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, | 377 |
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, | 378 |
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, | 379 |
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452, | 380 |
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, | 381 |
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, | 382 |
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, | 383 |
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, | 384 |
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code; | 385 |
(OOO) "Private road open to public travel" means a private | 416 |
toll road or road, including any adjacent sidewalks that generally | 417 |
run parallel to the road, within a shopping center, airport, | 418 |
sports arena, or other similar business or recreation facility | 419 |
that is privately owned but where the public is allowed to travel | 420 |
without access restrictions. "Private road open to public travel" | 421 |
includes a gated toll road but does not include a road within a | 422 |
private gated property where access is restricted at all times, a | 423 |
parking area, a driving aisle within a parking area, or a private | 424 |
grade crossing. | 425 |
(PPP) "Shared-use path" means a bikeway outside the traveled | 426 |
way and physically separated from motorized vehicular traffic by | 427 |
an open space or barrier and either within the highway | 428 |
right-of-way or within an independent alignment. A shared-use path | 429 |
also may be used by pedestrians, including skaters, joggers, users | 430 |
of manual and motorized wheelchairs, and other authorized | 431 |
motorized and non-motorized users. | 432 |
Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to | 438 |
4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do | 439 |
not apply to persons, teams, motor vehicles, and other equipment | 440 |
while actually engaged in work upon the surface of a highway | 441 |
within an area designated by traffic control devices, but apply to | 442 |
such persons and vehicles when traveling to or from such work. | 443 |
(B) The driver of a highway maintenance vehicle owned by this | 444 |
state or any political subdivision of this state, while the driver | 445 |
is engaged in the performance of official duties upon a street or | 446 |
highway, provided the highway maintenance vehicle is equipped with | 447 |
flashing lights and such other markings as are required by law and | 448 |
such lights are in operation when the driver and vehicle are so | 449 |
engaged, shall be exempt from criminal prosecution for violations | 450 |
of sections 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, | 451 |
4511.31, 4511.33, 4511.35, 4511.66, 4513.02, and 5577.01 to | 452 |
5577.09 of the Revised Code. | 453 |
(C)(1) This section does not exempt a driver of a highway | 454 |
maintenance vehicle from civil liability arising from a violation | 455 |
of section 4511.22, 4511.25, 4511.26, 4511.27, 4511.28, 4511.30, | 456 |
4511.31, 4511.33, 4511.35, 4511.66, or 4513.02 or sections 5577.01 | 457 |
to 5577.09 of the Revised Code. | 458 |
(D) As used in this section, "highway maintenance vehicle" | 463 |
means a vehicle used in snow and ice removal or road surface | 464 |
maintenance, including a snow plow, traffic line striper, road | 465 |
sweeper, mowing machine, asphalt distributing vehicle, or other | 466 |
such vehicle designed for use in specific highway maintenance | 467 |
activities. | 468 |
Sec. 4511.213. (A) The driver of a motor vehicle, upon | 469 |
approaching a stationary public safety vehicle, an emergency | 470 |
vehicle, or a road service vehicle, or highway maintenance | 471 |
vehicle, that is displaying the appropriate visual signals by | 472 |
means of flashing, oscillating, or rotating lights, as prescribed | 473 |
in section 4513.17 of the Revised Code, shall do either of the | 474 |
following: | 475 |
(1) If the driver of the motor vehicle is traveling on a | 476 |
highway that consists of at least two lanes that carry traffic in | 477 |
the same direction of travel as that of the driver's motor | 478 |
vehicle, the driver shall proceed with due caution and, if | 479 |
possible and with due regard to the road, weather, and traffic | 480 |
conditions, shall change lanes into a lane that is not adjacent to | 481 |
that of the stationary public safety vehicle, an emergency | 482 |
vehicle, or a road service vehicle, or highway maintenance | 483 |
vehicle. | 484 |
(2) If the driver is not traveling on a highway of a type | 485 |
described in division (A)(1) of this section, or if the driver is | 486 |
traveling on a highway of that type but it is not possible to | 487 |
change lanes or if to do so would be unsafe, the driver shall | 488 |
proceed with due caution, reduce the speed of the motor vehicle, | 489 |
and maintain a safe speed for the road, weather, and traffic | 490 |
conditions. | 491 |
(D)(1) Except as otherwise provided in this division, whoever | 500 |
violates this section is guilty of a minor misdemeanor. If, within | 501 |
one year of the offense, the offender previously has been | 502 |
convicted of or pleaded guilty to one predicate motor vehicle or | 503 |
traffic offense, whoever violates this section is guilty of a | 504 |
misdemeanor of the fourth degree. If, within one year of the | 505 |
offense, the offender previously has been convicted of two or more | 506 |
predicate motor vehicle or traffic offenses, whoever violates this | 507 |
section is guilty of a misdemeanor of the third degree. | 508 |
(2) Coordinate and develop, in cooperation with local, | 519 |
regional, state, and federal planning agencies and authorities, | 520 |
comprehensive and balanced state policy and planning to meet | 521 |
present and future needs for adequate transportation facilities in | 522 |
this state, including recommendations for adequate funding of the | 523 |
implementation of such planning; | 524 |
(8) Prepare, print, distribute, and advertise books, maps, | 546 |
pamphlets, and other information that, in the judgment of the | 547 |
director, will inform the public and other governmental | 548 |
departments, agencies, and authorities as to the duties, powers, | 549 |
and functions of the department; | 550 |
(9) In its research and development program, consider | 551 |
technologies for improving roadways, including construction | 552 |
techniques and materials to prolong project life, being used or | 553 |
developed by other states that have geographic, geologic, or | 554 |
climatic features similar to this state's, and collaborate with | 555 |
those states in that development. | 556 |
(B) Nothing contained in division (A)(1) of this section | 557 |
shall be held to in any manner affect, limit, restrict, or | 558 |
otherwise interfere with the exercise of powers relating to | 559 |
transportation facilities by appropriate agencies of the federal | 560 |
government, or by counties, municipal corporations, or other | 561 |
political subdivisions or special districts in this state | 562 |
authorized by law to exercise such powers. | 563 |
(D) The director of transportation may enter into contracts | 567 |
with public agencies including political subdivisions, other state | 568 |
agencies, boards, commissions, regional transit authorities, | 569 |
county transit boards, and port authorities, to administer the | 570 |
design, qualification of bidders, competitive bid letting, | 571 |
construction inspection, and acceptance of any projects | 572 |
administered by the department, provided the administration of | 573 |
such projects is performed in accordance with all applicable state | 574 |
and federal laws and regulations with oversight by the department. | 575 |
(E) The director may enter into cooperative or contractual | 576 |
agreements with any individual, organization, or business related | 577 |
to the creation or promotion of a traveler information program. | 578 |
The traveler information program shall provide real-time traffic | 579 |
conditions and travel time information to travelers at no cost to | 580 |
the traveler. The director may contract with a program manager for | 581 |
the traveler information program. The program manager shall be | 582 |
responsible for all costs associated with the development and | 583 |
operation of the traveler information program. The compensation | 584 |
due to a program manager or vendor under any of these agreements | 585 |
may include deferred compensation in an amount determined by the | 586 |
director. Excess revenue shall be remitted to the department for | 587 |
deposit into the highway operating fund. | 588 |
(F) Any materials or data submitted to, made available to, or | 589 |
received by the director of transportation, to the extent that the | 590 |
materials or data consist of trade secrets, as defined in section | 591 |
1333.61 of the Revised Code, or commercial or financial | 592 |
information, are confidential and are not public records for the | 593 |
purposes of section 149.43 of the Revised Code. | 594 |
(1) A contract performance bond in an amount equal to one | 598 |
hundred per cent of the estimated cost of the workcontract | 599 |
amount, conditioned, among other things, that the contractor will | 600 |
perform the work upon the terms proposed, within the time | 601 |
prescribed, and in accordance with the plans and specifications, | 602 |
will indemnify the state against any damage that may result from | 603 |
any failure of the contractor to so perform, and, further, in case | 604 |
of a grade separation will indemnify any railroad company involved | 605 |
against any damage that may result by reason of the negligence of | 606 |
the contractor in making the improvement. | 607 |
(B) In no case is the state liable for damages sustained in | 613 |
the construction of any work, improvement, or project under this | 614 |
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516., | 615 |
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and | 616 |
5535. of the Revised Code. | 617 |
If any bonds taken under this section are executed by a | 622 |
surety company, the director may not approve such bonds unless | 623 |
there is attached a certificate of the superintendent of insurance | 624 |
that the company is authorized to transact business in this state, | 625 |
and a copy of the power of attorney of the agent of the company. | 626 |
The superintendent, upon request, shall issue to any licensed | 627 |
agent of such company the certificate without charge. | 628 |
(C) Any person to whom any money is due for labor or work | 633 |
performed or materials furnished in connection with a work, | 634 |
improvement, or project, at any time after performing the labor or | 635 |
furnishing the materials but not later than ninety days after the | 636 |
acceptance of the work, improvement, or project by the director, | 637 |
may furnish to the sureties on the payment bond a statement of the | 638 |
amount due the person. If the indebtedness is not paid in full at | 639 |
the expiration of sixty days after the statement is furnished, the | 640 |
person may commence an action in the person's own name upon the | 641 |
bond as provided in sections 2307.06 and 2307.07 of the Revised | 642 |
Code. | 643 |